the fact is that it is law making by a non elected body. here is wayne cruz from the competitive enterprise institute. >> the agency is issuing rules but they are not accountable to voters. you have the law and there is a great argument this nation needs to have about much of the law making that takes place in the country. if you are a regular scitizen ad can show you are harmed by this, they are facing several lawsuits and some will be argued by the supreme court. >> thank you so much. new developments raising questions about who should be held responsible for the deadly train derailment in new york city. operator was suspended without pay for reportedly nodding off. train was equipped with alert system but it was on the other end of the train. we are joined by our legal eagle panel. could it be now that the onus is going to be on the mta, the train company? >> we have causing -- don't break out the latin words on me. >> thanks d s dug. >> it is how you hold the company responsible for the conduct of the employee. if they are outside the s